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What a Legal Malpractice Attorney does:
Have you or a loved one been injured either in an accident or by way of the neglect of someone? Sure, sometimes things can be worked out through personal insurance or through a small claims court. Every once in a while it can be probably best to forget about it and move on.
But maybe you could use someone to take your side. Someone that will gun for your cause. A person who can really fight on your side. Those are the times you really should retain a Apache County personal injury professional that will fight for your rights, both in regards to finances and personal, so you can get back to your life before the injury happened.
Being harmed by a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and seeing things objectively is nearly impossible. But remaining calm and collected can be the difference between getting the appropriate price that you deserve or going home feeling horrible.
An experienced Apache County personal injury legal representative can act as a buffer between you and the difficult situation, making it much easier to work with the ins and outs of our challenging legal system. Many people may not even realize the facts of what might occur until conversing with a professional. An attorney can help you realize all of this objectively, determine the claim and if they can be of service, and help you move forward with the process of any potential claim.
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What is a Apache County Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are generally retained to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party will hire a personal injury professional when the claim involves reimbursement or payment of expenses caused by the injury such as health costs, mental health issues caused by the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that can be found, get any and all documents related to the case, and use all possible resources to make sure all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If that negotiation fails, the attorney may consider filing a lawsuit in response. But what cases does a personal injury attorney accept?
A PIL usually takes a wide number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other main study of a PIL is the purposely executed wrongful case. A purposeful tort happens when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is pretty much endless.
In addition, which is different than most other areas of the legal universe, personal injury attorneys nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case may very well end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is totally aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award in the near term rather than later. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
And finally, settlement allows the plaintiff a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always in the best interest of either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate the settlement, and depending on how the negotiation turns out, decides whether or not to bring the claim to court. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Legal Malpractice Attorney in Apache County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we helped them get the settlement they deserved. We offer a free consultation so you can see if we can help you with your claim, too. Give us a call today at 602-989-1759!